Mr. President, today I rise to pay tribute to those public servants who step forward to disclose government waste, fraud, and abuse. Commonly called whistleblowers, these individuals alert Congress and the public to threats to health, waste of taxpayer money, and other information vital to running an effective and efficient government. While there are protections in place for federal employees who disclose government wrongdoing, certain legal decisions prevent many from coming forward. To underscore the importance of whistleblowers, Time Magazine called 2002 the "Year of the Whistleblowers" because of the bravery of FBI Agent Colleen Rowley, who alerted Congress to serious institutional problems at the FBI, and Sherron Watkins and Cynthia Cooper, who blew the whistle on financial mismanagement at Enron and WorldCom, respectively. Today, as in 2002, it is important that during Public Service Recognition Week we acknowledge those who disclose information without assurances of protection and pledge to do what we can to provide full protection for those trusted public servants.
Congress has a duty to taxpayers to make informed decisions when carrying out its legislative, appropriation, and oversight functions. Such decisions require access to timely and accurate information, and when access is restricted, we are unable to provide oversight and fulfill our constitutional responsibilities. Only through a credible, functioning statute can we protect the rights of federal workers who wish to communicate with Congress. Guaranteeing freedom from retaliation or abuse when disclosing critical information to Congress is the underpinning of the Whistleblower Protection Act (WPA).
Congress has worked hard, and continues to work, to provide real whistleblower protection to federal employees. Unfortunately, through a series of decisions contrary to both statutory language and congressional intent, the Federal Circuit Court of Appeals, which has sole appellate review for the WPA, has denied full whistleblower protections to federal workers and harmed Congress's ability to do its job. In fact, of the 85 retaliation cases decided on the merits since 1994, the Federal Circuit has ruled for the whistleblower only once.
To ensure continued whistleblower protection, I introduced S. 1358, the Federal Employee Protection of Disclosures Act, on June 26, 2003, with Senators Grassley, Levin, Leahy, and Durbin. Since introduction, we have been joined by Senators Dayton, Pryor, and Johnson. Our bill would strengthen protections for federal employees who report government waste, fraud, abuse, gross mismanagement, and substantial and specific dangers to public health and safety.
Congress has consistently supported the principle that federal employees should not be subject to prior restraint from disclosing wrongdoing. For example, every year since 1988 Congress has included in every Transportation, Treasury, and General Government Appropriations bill an 'anti-gag' provision which prohibits the use of federal funds to implement nondisclosure policies that are inconsistent with several open government statutes, such as the WPA of 1989 as amended in 1994, the Military Whistleblower Protection Act of 1998, and the Lloyd Lafollette Act of 1912, which prohibits discrimination against government employees who communicate with Congress.
However, more must be done. Since we introduced our bill there have been several more public reports of federal employees allegedly being fired or threatened with termination or other retaliation for communicating with Congress and disclosing government wrongdoing to the press. These reports include the controversy surrounding the U.S. Park Police and cost estimates for the newly enacted Medicare prescription drug program. In order to aid these and other employees and provide full protection to federal whistleblowers, S. 1358 would codify the 'anti-gag' provision and allow employees to bring cases seeking remedial action for retaliation before the Merit Systems Protection Board (MSPB), an independent, quasi-judicial agency that adjudicates federal employee appeals.
In addition, our bill, the Federal Employee Protection of Disclosures Act, would overturn certain Federal Circuit decisions which have denied protection to employees who made disclosures in the course of their job duties or reported initially to the wrongdoer or a coworker. S. 1358 would also suspend the Federal Circuit's exclusive jurisdiction over WPA reprisal cases for five years, and overturn the wrongly established 'irrefragable proof' standard imposed by the Federal Circuit for whistleblowers to qualify for protection.
Although much press has been given to recent whistleblower cases, it is important to remember those who have reported allegations of aircraft maintenance violations, water safety regulations, and lapses in our national security. Protecting federal employees who blow the whistle allows us to protect taxpayers and, in recent notable instances, national security as well. That is why the WPA is often referred to as the Taxpayer Protection Act.
During Public Service Recognition Week, I urge my colleagues to remember public servants who have come forward and honor them by supporting S. 1358 and strengthening protections for whistleblowers.
